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Date Posted: 09:03:43 10/05/01 Fri
Author: Dennis Williams
Subject: Re: Grinder Pumps
In reply to: Sharon Dupont 's message, "Grinder Pumps" on 00:21:16 10/05/01 Fri

I hope everyone who reads this forum comes to Town Meeting, listens to the debate on this and other important warrant articles, and votes his or her conscience. I continue to support Sharon's and others' right to be heard on this although I disagree with her.

Now my own opinion, which I will express on the floor of Town Meeting, is that this article:

a) represents a dangerous and entitling precedent,
b) is poorly written and will be fraught with legal problems if passed,
c) makes unconstitutional distinctions between classes of homeowners,
d) completely ignores the economic benefits of sewerage of any kind over existing septic systems, and
d) may well delay other areas of Town from getting their sewers installed, forcing people to make Title V repairs in the tens of thousands of dollars if they need to sell their homes.

In my opinion, if you want to do something, propose an article that sets rates differently for people with grinder pumps. Of course, so as not to delay installation elsewhere, you would have to propose a slight increase to the majority of people who have gravity systems, to cover a perhaps-more-substantial decrease to the minority with grinder pumps. And you would have to treat the hundreds of people who already have grinder pumps the same, making no distinction about whether a developer or a homebuilder installed the grinder pump. You would also have to avoid other discriminatory provisions such as the age of the occupants or the length of their ownership. These distinctions violate the basic constitutional premise of "equal treatment under the law." In other words, you can "discriminate" on elevation, or density, or other factors surrounding the physical location of the residence and its effect on the economics of providing the service, but you cannot discriminate based on who the occupant of the house is: old or young, new resident or existing resident, etc.

Just my opinion. If you want some help with that kind of article, let me know.

Dennis

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